On the Importance of Monitoring the ITC

". . . Anyone’s products that fall within the scope of an ITC general exclusion order and infringe the IP rights at issue will be excluded from importation into the US market. In addition, a general exclusion order, like the limited exclusion order, may also be directed to downstream products.

What Steps Can Be Taken to Protect the Unnamed Party’s Interests?

The threshold step for protecting the US marketshare of imported goods is to actively monitor ITC investigations. There are several ways this may be accomplished. The ITC publishes its Notice of Investigation in the Federal Register, which identifies the complainant, each named respondent, the types of products at issue, and the asserted IP rights; for example, identification of the asserted claims of the patents at issue. Non-parties can actively monitor the Federal Register notices to identify cases involving products that they also manufacture, import, or sell after importation and that might be at risk of an exclusion order.

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All too often, non-parties are unaware of ITC investigations that can adversely affect their imported products. Even those that may be aware of an ITC case are often unaware of their opportunities to defend their imported products. However, more informed legal departments with counsel that monitor ITC cases can preserve their day in court and defend their share of the lucrative US markets. . . ."